Title 34, CIVIL LAW AND PROCEDURE

Sec. 3. This chapter shall not be construed to amend or alter present laws relating to the application of various statutes of limitations to persons under legal disabilities or to members of the armed services of the United States. [Pre-1998 Recodification Citation: 34-1-2-6(c).]…

Sec. 1. If a present or former public employee, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity, is or could be subject to personal civil liability for a loss occurring because of a noncriminal act or omi…

Sec. 2. If requested to do so, the attorney general shall defend a present or former state employee against a claim or suit under section 1 of this chapter. The attorney general may employ other counsel to aid in defending or settling the claim or suit. [Pre-1998 Recodification C…

Sec. 3. This chapter shall not be construed as: (1) a waiver of the eleventh amendment to the Constitution of the United States; (2) consent by the state of Indiana or its employees to be sued in any federal court; or (3) consent to be sued in any state court beyond the boundarie…

Sec. 4. In any action brought against a governmental entity under civil rights laws of the United States, the court may allow attorney's fees as part of the costs to the governmental entity prevailing as defendant if it finds that plaintiff: (1) brought the action on a claim that…

Sec. 1. (a) This chapter applies to a suit for the: (1) publication of a libel by a newspaper; or (2) transmission of a libel by a news service; in Indiana. (b) Section 3 of this chapter does not apply to a case of libel against a candidate for a public office in Indiana, unless …

Sec. 2. (a) Before bringing a suit described in section 1 of this chapter, the aggrieved party shall: (1) at least four (4) days before filing the complaint against a news service; (2) at least six (6) days before filing the complaint against a daily newspaper; or (3) at least el…

Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if: (1) it appears at the trial of the action that: (A) the article was published or transmitted in good faith; and (B) the falsity of the article was due to mistake or misappre…

Sec. 1. Financial responsibility of a health care provider and the provider's officers, agents, and employees while acting in the course and scope of their employment with the health care provider may be established under subdivision (1), (2), or (3): (1) By the health care provi…

Sec. 2. Security provided under section 1(2) of this chapter may be held in any manner mutually agreeable to the commissioner and the health care provider. The agreement must provide that the principal may not be withdrawn before receiving the written permission of the commission…

Sec. 3. For the purposes of section 1 of this chapter, the bed size of a hospital shall be considered to be the bed size published annually by the Indiana department of health. [Pre-1998 Recodification Citation: 27-12-4-3.] As added by P.L.1-1998, SEC.13. Amended by P.L.56-2023, …

Sec. 4. To establish financial responsibility under this chapter, each individual who is a member of a partnership or professional corporation must establish financial responsibility separate from the partnership or professional corporation, as well as pay the surcharge required …

Sec. 1. A product is in a defective condition under this article if, at the time it is conveyed by the seller to another party, it is in a condition: (1) not contemplated by reasonable persons among those considered expected users or consumers of the product; and (2) that will be…

Sec. 2. A product is defective under this article if the seller fails to: (1) properly package or label the product to give reasonable warnings of danger about the product; or (2) give reasonably complete instructions on proper use of the product; when the seller, by exercising r…

Sec. 3. A product is not defective under this article if it is safe for reasonably expectable handling and consumption. If an injury results from handling, preparation for use, or consumption that is not reasonably expectable, the seller is not liable under this article. [Pre-199…

Sec. 4. A product is not defective under this article if the product is incapable of being made safe for its reasonably expectable use, when manufactured, sold, handled, and packaged properly. [Pre-1998 Recodification Citation: 33-1-1.5-2.5(d).] As added by P.L.1-1998, SEC.15.

Sec. 0.3. The statute of limitations under this chapter (or IC 34-1-70 before its repeal) for a claim based on participation in the illegal drug market that occurred before July 1, 1997, does not begin to run until July 1, 1997. As added by P.L.220-2011, SEC.561.

Sec. 1. (a) A person who knowingly participates in the illegal drug market in Indiana is liable for civil damages as provided in this chapter. (b) A person may recover damages under this chapter for an injury that results from an individual's use of an illegal drug. (c) A law enf…

Sec. 10. (a) Proof of participation in the illegal drug market in an action brought under this chapter (or IC 34-1-70 before its repeal) must be shown by clear and convincing evidence. Unless otherwise provided in this chapter, other elements of an action brought under this chapt…

Sec. 11. (a) Subject to subsection (c), a plaintiff in an action brought under this chapter may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is e…

Sec. 12. (a) Except as otherwise provided in this section, a claim under this chapter (or IC 34-1-70 before its repeal) may not be brought more than two (2) years after the date the cause of action accrues. A cause of action accrues under this chapter (or IC 34-1-70 before its re…

Sec. 13. (a) The attorney general may represent the state or a political subdivision of the state in an action brought under this chapter (or IC 34-1-70 before its repeal). (b) On motion by a governmental agency involved in a drug investigation or prosecution, an action brought u…

Sec. 14. This chapter may not be construed to alter any law regarding tort immunity within a family. [Pre-1998 Recodification Citation: 34-1-70-21.] As added by P.L.1-1998, SEC.19.

Sec. 2. The following persons may bring an action for damages caused by an individual drug user's use of an illegal drug: (1) A: (A) parent; (B) legal guardian; (C) child; (D) spouse; or (E) sibling; of the individual drug user. (2) An individual who was exposed to an illegal dru…

Sec. 3. A person who may bring an action under section 2 of this chapter may recover damages from the following persons: (1) A person who knowingly distributed or knowingly participated in the chain of distribution of an illegal drug that was actually used by the individual drug …

Sec. 4. A person who may bring an action under section 2 of this chapter may recover the following damages: (1) Economic damages, including costs for the following: (A) Treatment and rehabilitation. (B) Medical expenses. (C) Loss of economic or educational potential. (D) Loss of …

Sec. 5. (a) Except as provided in this section, an individual drug user may not bring an action for damages caused by the use of an illegal drug. (b) An individual drug user may bring an action for damages caused by the use of an illegal drug if the individual drug user satisfies…

Sec. 6. A third party may not: (1) pay damages awarded under this chapter (or IC 34-1-70 before its repeal); or (2) provide a defense or money for a defense; on behalf of an insured under a contract of insurance or indemnification. [Pre-1998 Recodification Citation: 34-1-70-13.] …

Sec. 7. (a) Two (2) or more persons may join as plaintiffs in one (1) action under this chapter (or IC 34-1-70 before its repeal) if: (1) each plaintiff's respective actions have at least one (1) place of illegal drug activity in common; and (2) any portion of the period of illeg…

Sec. 8. (a) An action by an individual drug user brought under this chapter (or IC 34-1-70 before its repeal) is governed by the principles of comparative liability under state law. Comparative liability attributed to a plaintiff does not bar recovery but diminishes the award of …

Sec. 9. (a) A person who is subject to liability under this chapter (or IC 34-1-70 before its repeal) has a right of action for contribution against another person subject to liability under this chapter (or IC 34-1-70 before its repeal). (b) Contribution may be enforced in: (1) …

Sec. 1. If a violation of IC 35-46-1-10 is being committed, any person may apply for an order enjoining the violation from the circuit court or a superior court of the county in which the violation occurs. [Pre-1998 Recodification Citation: 34-4-38-2.] As added by P.L.1-1998, SEC…

Sec. 2. (a) Upon a showing that a person has violated IC 35-46-1-10, the court may grant: (1) an injunction, restraining order, or other appropriate order; and (2) the costs and reasonable attorney's fees of the person bringing the action. (b) The court may grant an order under s…

Sec. 1. A person who is dismissed from employment in violation of IC 35-44.1-2-11 may bring a civil action, within ninety (90) days of the dismissal, against the employer who dismissed the person: (1) to recover the wages the person lost as a result of the dismissal; and (2) to o…

Sec. 1. Notwithstanding any other law, a qualified director is immune from civil liability arising from the negligent performance of the director's duties. [Pre-1998 Recodification Citation: 34-4-11.5-2(b).] As added by P.L.1-1998, SEC.26.

Sec. 2. (a) This section does not apply to a health care provider (as defined in IC 34-18-2-14). (b) An individual who: (1) serves as a volunteer or volunteer director of: (A) a nonprofit corporation operating under IC 12-29-3-6; (B) an agency providing services under IC 12-12-3;…

Sec. 3. This chapter does not affect the civil liability of the entity a qualified director serves. [Pre-1998 Recodification Citation: 34-4-11.5-3.] As added by P.L.1-1998, SEC.26.

Sec. 0.2. The amendments made to IC 34-4-31-1 (before its repeal, now codified in this chapter) by P.L.208-1997 apply to a cause of action that accrues after June 30, 1997. As added by P.L.220-2011, SEC.570.

Sec. 1. Except as provided in section 2 of this chapter, a parent is liable for not more than five thousand dollars ($5,000) in actual damages arising from harm to a person or damage to property knowingly, intentionally, or recklessly caused by the parent's child if: (1) the pare…

Sec. 2. A parent of a child who is a member of a criminal organization (as defined in IC 35-45-9-1), who actively encourages or knowingly benefits from the child's involvement in the criminal organization, is liable for actual damages arising from harm to a person or property int…

Sec. 1. (a) This section applies where: (1) an appeal to the court of appeals or supreme court of the state of Indiana has been taken from a judgment rendered against any party; and (2) the judgment is reversed, and the cause is remanded for a new trial. (b) Either party in the c…

Sec. 2. (a) This section applies where: (1) an appeal to the court of appeals or the supreme court has been taken from a judgment rendered against any party, and the judgment is reversed with the cause remanded for a new trial; or (2) the action of the trial court in granting a n…

Sec. 1. A written finding of presumed death made by an officer or employee of the United States authorized to make such finding under: (1) the federal Missing Persons Act (50 U.S.C. App. 1001-17), before its repeal September 6, 1966; (2) 5 U.S.C. 5565 to 5567; or (3) 37 U.S.C. 55…

Sec. 2. An official written report or record, or a duly certified copy of a record or report: (1) that states that a person is: (A) missing; (B) missing in action; (C) interned in a neutral country; (D) beleaguered, besieged, or captured by an enemy; (E) dead; or (F) alive; and (…

Sec. 3. For the purposes of sections 1 and 2 of this chapter, the following apply: (1) Any finding, report, or record, or duly certified copy of a report or record, purporting to have been signed by an officer or employee of the United States described in section 1 or 2 of this c…

Sec. 1. Every court in Indiana shall take judicial notice of the common law and statutes of every state, territory, and other jurisdiction of the United States. [Pre-1998 Recodification Citation: 34-3-2-1.] As added by P.L.1-1998, SEC.34.